Product Liability

Product liability law is designed to protect the consumer during a commercial transaction. Each time you buy a product at the store, you can reasonably expect that this product is defect-free. If an item is defective and causes you injury or damage, then you may have a solid product liability lawsuit against the manufacturer and seller of this product.

There is typically an “implicit guarantee” on the part of the manufacturer that the products they supply to a retail store have been checked for quality and are fully functional. But this doesn’t just apply to things you buy at the store – it covers cars, medical implants (such as hip replacements), household appliances, children’s toys and strollers, and many more.

But when a product does cause injury, and especially in massive quantities, then it is very likely that somewhere along the line things fell through the cracks. Before an item reaches the consumer, it has to go through many hands – everything from initial design, multiple reviews, approval for manufacturing, and finally – distribution. It’s no wonder that we constantly hear of recalls of food, toys, cars, etc.

Any time a company is involved in a product liability suit, the attorney representing the injured party had to go through an extensive process of proving that the company that makes and/or sells the goods is at fault. Therefore, it’s very important to have an experienced product liability lawyer representing you in court. There are three main areas that cover most product liability cases, and you can choose to sue in one or all three of these categories:

Negligence
In this case, a plaintiff is required to prove negligence on the part of the manufacturer or seller of the product. There also must be proof of injury; saying that something could “potentially” do harm doesn’t warrant a successful lawsuit.

All companies have to exercise “reasonable care” in making products that are safe for their intended use. This is where your product liability attorney must be able to prove that the company either knowingly produced a defective product or was negligent throughout the manufacturing process.

1. 1. Breach of an Express or Implied Warranty
   This deals directly with product warranties – either express or implied, for individual parts or an entire product that has turned out to be defective.
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3. 2. Strict Product Liability
   In this case, the plaintiff only has to prove that the product is unreasonably dangerous for its use and that it has caused damage or injury.

If you have suffered an injury from an unsafe product, a professional product liability attorney will help you assess the severity of your situation and advise you on your options in taking legal action against the responsible party.